Questions on O-1 Extraordinary Ability Visa

Q. I am an assistant to a movie star who is holding an O-1 visa. What kind of visa I should apply for in order to continue my assistant job for this movie star?

A. You may apply for an O-2 visa. To qualify for O-2 status, you must be an "integral part" of the actual performance and have "critical skills and experience" with the O-1 alien which are not of a general nature and which cannot be performed by U.S. workers.

Q. I am the spouse of an O-1 holder. What kind of visa I should apply for in order to accompany my spouse?

A. You may apply for an O-3 visa. As dependents of the principal O-1 holder, the spouse and unmarried children may hold O-3 status. This status allows the O-3 alien to reside in the United States, but not to work.

Q. I am an O-3 holder. May I work in the U.S.?

A. No, you cannot work. The O-3 status allows the O-3 alien to reside in the United States, but not to work.

Q. How long can one maintain O-1 status?

A. There is no set maximum period for O-1 status. Theoretically, it can be indefinite. However, the length of the status is determined by the length of time needed for the alien to perform his duties or activities with the petitioner employer. Usually, an initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required.

Q. How can an alien change into O-1 Status in the U.S.?

A. When the alien is already in the U.S., he can change his other nonimmigrant status into O-1 status, if he qualifies as an O-1 alien. This option is not available to aliens who entered the US without inspection or who had overstayed their authorized term of admission under the previous status. Further, an alien who is subject to the J-1 two-year foreign residency requirement may not change his or her status in the US and must obtain an O-1 visa after the O-1 petition is approved.